(United States Seventh Circuit) – Affirmed. A company found, during a random audit by the Indiana Department of Insurance, to have committed hundreds of regulatory violations that entered into an agreement to pay a fine and relinquish its licenses could not subsequently sue the Department’s…
(California Court of Appeal) – Judgment reversed and remanded. Defendant prevailed at an administrative hearing and civil penalties were imposed against Mercury. Mercury filed a writ of mandate, which the trial court granted. Appellate court held that the writ was issued in error, because the…
(Supreme Court of California) – In an insurance case addressing the Insurance Commissioner’s 2011 regulation covering replacement cost estimates for homeowners insurance, Cal. Code Regs., tit. 10 section 2695.183, which addressed the divergence between homeowners’ expectations of insurance coverage and the actual scope of coverage…
(United States First Circuit) – In a dispute between the Secretary of Health and Human Services and eight Maine hospitals, involving the ‘often surreal’ Medicare reimbursement regime and the system through which the federal government reimburses hospitals for charity care, so-called disproportionate share payments (DSH…
(United States Second Circuit) – In a civil action, brought by insured plaintiff claiming that defendant violated the Department of Labor’s claims-procedure regulation, 29 C.F.R. section 2560.503-1, in handling her health insurance claim, the district court’s grant of summary judgment to defendant is vacated and…
(California Court of Appeal) – In a taxpayer’s mandamus action to determine whether Blue Shield of California and Anthem Blue Cross are “insurers” under the California Constitution’s gross premium tax provision, Cal. Const., art. XIII sections 28(b)-(d), the trial court’s sustainment of defendants’ demurrer without…
